Flight delay and cancellation compensation, Easyjet ONLY

RibZed

You are mistaken legal, there is no entitlement to ask for a review of a CEDR decision. Once it is done it is done.

This is a consumer ADR/arbitration we are talking about, not a court of law. It is also badged as an effective dispute resolution mechanism.


If ADR is the preferred mechanism to resolve disputes before going to court (which it clearly is) then it must be incumbent upon mediators / arbitrators doing EVERYTHING within their power to resolve the dispute. Where is my case going now? Oh, it is going to court. So how effective was that ADR process, given that it would have taken me 1 minute to load those receipts or for him to ask EJ for them?

I once sat in a 12 hour mediation for a matrimonial dispute that had been running for 2 1/2 years and was on the verge of going to court. The mediator did everything possible to resolve that dispute - and she did. The same power was available to the arbitrator but he, sadly, thinks it is a better use of everyone's time and money that this now goes to court. What an absolute waste of time the CEDR process was. And it's mainly down to me apparently

I - as a passenger- have never done this before, whereas both the arbitrator and airline have done it thousands of times. It does not seem unreasonable to expect an arbitrator to exercise a power for more evidence if it is critical evidence for their decision.

It is also not unreasonable to expect the arbitrator to spot that a defence bears no resemblance against what is being claimed. He could just as easily have asked EJ why they had not paid out on the receipts I had given them, given they are in EJs possession too.

I have put a complaint into CEDR anyway about how the case was administered but it will not change the outcome.

Vauban

I am sure Tyzap is right that the pressure of the volume of cases meand those that don't quite fit the mould may not come out right: the question of your entitlement to expenses has literally nothing to do with whether the delay was extraordinary or not, but rather whether your expenses were reasonable and whether the airline met its duty of care obligations as set out in Regulation 261/2004. I can full appreciate why you are frustrated by this.

I wouldn't be too vexed though by CEDR's refusal to let you bundle your travelling party's cases together. In many respects this is silly for them to refuse this - the issues are identical, and it's much more efficient. But I guess they bump up against questions of locus, which makes this tricky. Sometimes you get the same issue in the courts.

I have to say though that you may have been seriously compromised by your failure to provide the receipts, which would have been central to any claim for compensation. Simply saying that it was for the airline to disprove your claim was never going to wash.

RibZed

Vauban - as per the above. It makes a mockery of ADR then because my claim is now going to go to court. The arbitrator had the power to ask for that evidence and the fact that I didn't provide it 'straight off the bat' should be irrelevant.


Also, it wasn't CEDR's decision to refuse to bundle the cases together; it was the arbitrators. CEDR accepted my case for all passengers on all booking references. It was the arbitrator who kicked out the other booking references and I can find nothing within the Scheme Rules which give him the power to do this.


Either way, I'm done with CEDR and now having to waste time and money on taking this to court. Whilst I can hold up my hands and say it would have been oh so simple to have uploaded the receipts - the fact that I didn't and the case is now going to court because of it should be seen more as a failure of ADR than me, the poor little passenger.

RibZed

In relation to MCOL, would anyone advise me splitting the claims out into the 3 booking references or keeping them together as 1?


Personally, I would much rather keep them in one case because of (a) cost (b) admin (c) it better illustrates the inequity of how EJ reimbursed different amounts for identical receipts.


Pros/Cons/Advice would be appreciated (and I will include the receipts in the claim )

Tyzap

RibZeb,

I no expert in this field but I believe that you can only use the online MCOL form for one claimant. You must use the paper form for more.

If you were the lead passenger I also believe that you can aggregate all the claims but you must also submit signed forms of authority from each claimant. Not sure of the form numbers.

Legal Magpie, please correct me if I'm wrong.

Good luck.

legal_magpie

Tyzap wrote: »

RibZeb,

I no expert in this field but I believe that you can only use the online MCOL form for one claimant. You must use the paper form for more.

If you were the lead passenger I also believe that you can aggregate all the claims but you must also submit signed forms of authority from each claimant. Not sure of the form numbers.

Legal Magpie, please correct me if I'm wrong.

False modesty, methinks!,
You are spot on. You can't use MCOL for more than one Claimant. They have been talking about changing it but the technology they use is now pretty old and I doubt whether they will.

RibZed

Thank you both!

Looks like it!!!8217;s the paper route to continue with 1 claim then. Onwards and upwards...

RibZed

Would another alternative to paper claims be for me to administer each claim separately on-line?

In other words, will MCOL allow me to represent the claimants on the other booking references if I raise 3 separate cases (one of which is mine anyway)?

Means I do have to raise 3 cases but on line might outweigh the paper hassle. Would appreciate any thoughts.

JPears

Or you raise one claim, hopefully get your win then press EJ for a speedy resolution of the other claims with your legal judgement?
It will cost more to do seperate claims.

legal_magpie

And if you do 3 separate claims for, say, members of the same family you could run into the argument that the Defendant should only have to pay one Court fee